BALTIMORE (Legal Newsline) – Maryland Gov. Larry Hogan and other defendants have earned dismissal of a lawsuit that called him out for allowing mass protests while imposing social distancing restrictions on businesses.
Federal judge Catherine Blake wrote Nov. 18 that it is not the role of the judiciary to second-guess policy choices favoring one method of preventing the spread of COVID-19 over other possibilities.
“Reasonable people, including informed government and public health officials, may debate whether the governor’s orders at any moment go too far, or not far enough, in protecting the public from this deadly pandemic,” Judge Blake wrote.
“But, based on the allegations in the plaintiffs’ amended complaint, the court cannot conclude that Governor Hogan’s measures are arbitrary or unreasonable, or that they plainly violate any of the plaintiffs’ constitutional rights.”
The lawsuit called Hogan a hypocrite who encouraged mass protests but wouldn’t let businesses serve more than 10 customers at a time. A group of plaintiffs included the Antietam Battlefield KOA.
“The recent protests over the death of George Floyd, and the Governor’s expressed support for such peaceful protests where photos show hundreds of people are demonstrating without social distancing or masks, while at the same time banning churches, Legislators and businesses from gatherings of more than 10 people, indicate his executive orders are mistreating churches, businesses, and individuals herein with disparity and unconstitutional discrimination,” the group’s attorneys wrote.
The lawsuit said Hogan’s executive orders have locked people in their homes, closed businesses and required facemasks, on the advice of one doctor who has not been determined to be an expert in this area.